By Wesley Newcomb Hohfeld
Hohfeld's writings, from 1913 and 1917, delve into the differences among such felony strategies as privilege and accountability, and correct, immunity and legal responsibility, and so forth.
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Additional info for Fundamental legal conceptions, as applied in judicial reasoning (A Yale paperbound)
The repeal went into effect without a chance for the Court to strike it down, and the justices were expected to return to riding circuit in the fall, despite the legal claims to the circuit courts by the Midnight Judges. In the spring of 1802, Federalist leaders pressured the justices to take a stand, and the justices considered boycotting the circuits and going on strike. However, the justices reluctantly decided to ride their circuits in the fall. The Midnight Judges unsuccessfully challenged the justices’ jurisdiction in the circuit courts in the fall of 1802.
I believe a Day of severe trial is fast approaching for the friends of the Constitution, and we I fear must be principal actors, and may be sufferers therein. In this State [Maryland,] an assize of office is brought by Judge Whittington vs. Judge Polk to try the constitutionality of the act of our Legislature repealing our District Law. I would write to you fully my Sentiments, as far as I have formed an opinion, but I fear some accident. 56 Chase regarded Whittington as an important test case that would influence the course of events.
Not only did the Maryland county justices lose their jobs, but the Republican legislature was on the verge of abolishing the Federalist-controlled General Court, too, even though on paper they were protected by “good behavior” life-tenure. And not only did the General Court try to hide its weakness with language about judicial review, their decision also underscores how the Marshall Court did the same thing. J U D I C I A L C H A L L E N G E S I N T H E E A R LY R E P U B L I C 33 This chapter also focuses attention on the case that was far more important than Marbury at the time: Stuart v.